SC quashes appointment of K’taka Upa Lokayukta
12 Jan 2013 6:12 AM IST
The Supreme Court on Friday set aside the appointment of Justice (Retd) Chandrashekaraiah as Upa Lokayukta of Karnataka on the ground that he was appointed by the government without consultation with the Chief Justice of Karnataka High Court.
A bench of justices K S Radhakrishnan and Madan B Lokur held that the consultation with the chief justice is mandatory before appointment of Upa Lokayukta and the chief minister did not hold any ‘meaningful’ consultation with the chief justice. The bench, however, made it clear that there is nothing against Justice Chandrashekaraiah and he can be again considered by for the post.
The bench said the CM has committed error by not consulting the chief justice and held that the appointment of Upa Lokayukta is void ab initio (to be treated as invalid from the outset).
The Karnataka High Court had on 3 April last year quashed the appointment of justice Chandrashekaraiah as the Upa Lokayukta holding that the selection procedure was ‘not in conformity with law.’
The high court had set aside the 21 January last year notification issued by the Karnataka government.
The bench had said that the selection procedure adopted by Karnataka chief minister D V Sadananda Gowda ‘is not in conformity with law and hence the appointment is illegal, unconstitutional and void.’
It had also urged the state government and chief minister to expeditiously start a fresh selection process as mandated by the Lokayukta Act to find a new Upa Lokayukta as the post cannot be held vacant for long.
A bench of justices K S Radhakrishnan and Madan B Lokur held that the consultation with the chief justice is mandatory before appointment of Upa Lokayukta and the chief minister did not hold any ‘meaningful’ consultation with the chief justice. The bench, however, made it clear that there is nothing against Justice Chandrashekaraiah and he can be again considered by for the post.
The bench said the CM has committed error by not consulting the chief justice and held that the appointment of Upa Lokayukta is void ab initio (to be treated as invalid from the outset).
The Karnataka High Court had on 3 April last year quashed the appointment of justice Chandrashekaraiah as the Upa Lokayukta holding that the selection procedure was ‘not in conformity with law.’
The high court had set aside the 21 January last year notification issued by the Karnataka government.
The bench had said that the selection procedure adopted by Karnataka chief minister D V Sadananda Gowda ‘is not in conformity with law and hence the appointment is illegal, unconstitutional and void.’
It had also urged the state government and chief minister to expeditiously start a fresh selection process as mandated by the Lokayukta Act to find a new Upa Lokayukta as the post cannot be held vacant for long.
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